Hong Kong High Court orderred protesters to leave as HK Airport reopened

Hong Kong High Court orderred protesters to leave as HK Airport reopened

eTurboNews Syndication:

Hong Kong’on Wednesday s airport resumed operations, rescheduling a huge selection of flights that were disrupted in the last two days as protesters clashed with riot police in a deepening crisis in the Chinese-controlled city.

In Washington, U.S. President Donald Trump said the Chinese government was moving troops to the border with Hong Kong and urged calm.

The High Court of the Hong Kong Special Administrative Region issued an order against airport protesters in Hong Kong  who don’t obey or adhere to the Orders lay out below, could be held in contempt of court and could be delivered to prison or fined or prone to procedure for execution to compel one to obey the Orders.

A one who assists the above-named Defendants in breaching the Orders lay out below can also be held in contempt of Court and could be delivered to prison or fined.

According to a posting on the Hong Kong Airport Website the Hong Kong Airport Authority has obtained an interim injunction to restrain persons from unlawfully and wilfully obstructing or interfering with the correct usage of Hong Kong AIRPORT TERMINAL (the Airport).

Persons may also be restrained from attending or taking part in any demonstration or protest or public order event in the Airport apart from in your community designated by the Airport Authority. The interim injunction expressly provides that nothing in the interim injunction will be construed as authorising any demonstration, protest or public order event unlike the general public Order Ordinance.

All application is manufactured on the 13′ day of August 2019 by Leading Counsel for the Plaintiff in this step to the Judge who browse the documents listed in Schedule I and accepted the undertakings in Schedule 2 by the end of the Order. After hearing this application, the Judge made the next Order:

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ORDER

The Defendants and all of them whether functioning on his/her own or as well as other person(s) be restrained from doing the following acts:-

(a) unlawfully and wilfully obstructing or interfering with the correct usage of the Hong Kong AIRPORT TERMINAL (“the Airport”);

(b) attending or taking part in any demonstration or protest or public order event in the Airport (the boundary which is delineated in green on Plan (1) annexed hereto) (“Airport Area”) apart from strictly within the region designated by the Plaintiff for the undertaking of such events which area is marked “A” and shaded in yellow on Plan (11) umexed bereto (“Protest Area”) and only where in fact the conduct of such demonstration or protest or public order event is lawful and peaceful so long as nothing in this Order will be construed as authorising any demonstration, protest or public order event in contravention to the general public Order Ordinance (Cap. 245);

(c) entering the region marked “B” and shaded in red on Plan (111) amexed hereto (“Access Control Area”) unless he/she is really a bona tide traveller or is gianted pennission by the staff of the Plaintiff or of the Aviation Security Company Limited (“AVSECO”) so to enter, for as long as the Plaintiff implements and maintains such Access Control Area;

(d) loitering in virtually any area of the Airport without reasonable cause in breach of section 20(I) of the Airport Authotity Bylaw (Cap 483A); (e) wilfully obstructing any road, passageway, exit or entry way or access control point, whether vehicular or pedestrian, and whether within or close to the Airport Area;

(t) obstructing or interfering with any staff of the Plaintiff and/or AVSECO in enforcing or wanting to enforce


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(a), (b), (c), (d) and/or (6) above; (g) inciting and/or aiding and/or abetting anybody to do the acts identified in (a), (b), (c), (d), (6) and/or co above.

The bailiff do take all reasonable and necessary steps to aid the Plaintiff and its own agents to affect the clearance and removal of any obstructions or interference provided for in paragraph I of the Order. The bailiff be directed and authorized to request the help of the authorities where necessary. Ally officer be authorized to arrest and remove anybody who the authorities officer reasonably believes or suspects to be obstructing or interfering any bailiff undertaking their duties in enforcing the tenn of the Order, so long as the individual to be arrested has been informed of the gist of the tenns of the Order and that his action will probably constitute a breach of the Order and obstruction of the administration of justice, and he may be arrested if he will not desist.

Ally person so arrested by the authorities will be brought prior to the Court when practicable for further directions.

For the avoidance of doubt, nothing in this Order is supposed to, and nothing in this Order will be taken as going to, affect or prejudice at all the powers and functions of the Plaintiff in the management and operation of the Airport conferred onto it for legal reasons. Notwithstanding paragraph I (b) and (c) above, when the Plaintiff shall contemplate it essential for the operation or management of the Airport, the Plaintiff will be at liberty to cancel or decrease the size of the Protest Area or even to relocate it and/or to increase the Access Control Area to any part(s) of the Airport Area including however, not limited by the Protest Area;

Leave to the Plaintiff to serve the Writ of Summons which Order on the Defendants through substituted service by:- (a) fixing a copy of the Writ of Summons which Order securely in conspicuous places in the Airport;

(b) posting a copy of the Writ of Summons which Order on the site WWW. hon on at ort. coin; and (c) publishing a copy of the Writ of SUITunons which Order in a single English newspaper and something Chinese newspaper in Hong Kong for 3 consecutive days.

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This Order will stay in force up to, 23 August 2019 (“the Return Date”) unless before then it really is discharged or varied by way of a further Order of the Court. The application where this Order is manufactured shall get back to the Court for further hearing on the Return Date. 10. Anyone who could be suffering from and/or opposing this Order shall within 5 days from the date hereof notify the Plaintiffs solicitors and offer his/Iler name and address for service, upon receipt which the Plaintiffs solicitors shall serve a copy of the Writ of Sunnnons forthwith, this Order, the Skeleton Submission, the Affinnation of Cheung, Vivian Karfay, and the inter Fades SUITmions for the Return Date on hinther.

Liberty to use.

12. Costs be reserved.

Dated this 13” of August 2019 day.

Author: George Taylor

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